Search

How can we help?

Icon

Sponsor Management System (SMS): What is the difference between a Level 1 and Level 2 User?

A lot of businesses who are considering applying for a sponsor licence or have recently been granted a sponsor licence may have heard the terms level 1 and level 2 user frequently, but what does each term mean?

Essentially a level 1 user carries out the day-to-day sponsorship activities using the SMS. Both level 1 and 2 users can administer the SMS and are usually HR personnel. Each level 1 and level 2 user will have their own log-in details which will enable them to access and manage the system. The main difference between a level 1 and 2 user is the level of accessibility granted. A level 2 user has far less permissions compared to a level 1 user.

Level 1 and 2 Users

A level 1 or 2 user must be one of the following:

  • Paid staff member or office holder within the organisation
  • An employee of a third-party organisation engaged by the organisation to deliver all or part of your HR function.
  • A UK-based representative

A level 1 or 2 user cannot be any of the following:

  • A contractor
  • A consultant who is contracted for a specific project
  • An undischarged bankrupt
  • A temporary staff member supplied to you by an employment agency (Only applicable to a Level 1 User)

Level 1 User

The Authorising Officer is usually a level 1 user to begin with as you can only assign this to one person when you first apply for a sponsor licence. However, additional level 1 users can be appointed via the SMS thereafter.

In essence, you can nominate as many level 1 users as you would like, however many businesses tend to limit this to two or three level 1 users. The reason for this is predominantly because the Authorising Officer has the overriding responsibility for their conduct. It is difficult to oversee level 1 activity on the SMS, if there are too many level 1 users. Nevertheless, it is recommended that there is more than one level 1 user, to ensure there is cover in the event a level 1 user is on leave or sick.

Does the level 1 user have to be a settled worker?

Usually at least one Level 1 user must be a settled worker, but there are certain exceptions:

  • if you are a diplomatic mission or international organisation licensed under the Tier 5 (Temporary Worker) International Agreement subcategory
  • if your authorising officer is a person with valid leave as a:
  • Representative of an Overseas Business
  • Tier 1 (Graduate Entrepreneur) migrant
  • Tier 1 (Entrepreneur) migrant
  • Tier 1 (Exceptional Talent) migrant
  • Start-up migrant
  • Innovator
Monica Atwal

Managing Partner

View profile

+44 118 960 4605

Essentially a level 1 user carries out the day-to-day sponsorship activities using the SMS.

What can they action on the SMS?

LEVEL 1 FUNCTIONS LEVEL 2 FUNCTIONS
Request further Level 1 users and add Level 2 users to the SMS or remove them Assign CoS to a migrant
Assign a Certificate of Sponsorship (CoS) to migrants Report worker activity to UKVI
Request an increase in the number of CoS you can assign
Inform UKVI of any minor changes to details
Inform UKBI of any change of circumstances via SMS
Report worker activity to UKVI
Withdraw a CoS
Inform UKVI of any changes for work addresses
To use the bulk data transfer feature
Change user details
View information about licence and key personnel.
Access key messages that we post from time to time
Apply to renew licence and track progress of application
Apply for premium customer service and track progress of application
Apply for Tier 2 and/or 5 premium sponsor status and track the progress of application

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 19 July 2024
  • Immigration

UK Immigration Rules for Business Visitors: Flexibility and Controversies

The UK’s immigration rules have changed significantly in the past five years and have introduced greater flexibility for non-EEA nationals who wish to visit the UK as business visitors.

art
  • 17 July 2024
  • Commercial Real Estate

The Leasehold and Freehold Reform Act 2024: what does it mean for my leasehold property? 

The leasehold system in the UK has been subject to some unfavourable press for some time now.

art
  • 15 July 2024
  • Privacy and Data Protection

The duty to protect third parties: is your DSAR response compliant?

Responding to a data subject access request (DSAR) may feel like a daunting process. It requires a solid understanding of the data subject’s rights, and of the meaning of personal data.

art
  • 10 July 2024
  • Employment

Redundancy : Back to Basics FAQs

Redundancy can be a scary and overwhelming time both for employees being made redundant, and for those that have to make the decision. It is important for both parties to know their rights and obligations in this time.

art
  • 09 July 2024
  • Litigation and dispute resolution

Buyer Beware: Practical Guidance for Breach of Warranty in an SPA

Are you buying a business? Whether you are buying shares in a company or purchasing its assets… the general Latin common law principle “caveat emptor” applies.

art
  • 08 July 2024
  • Corporate and M&A

Navigating corporate transparency: ECCTA reforms series

This is the second article in a series exploring the changes brought by the Economic Crime and Corporate Transparency Act 2023 (ECCTA).